Boston Massacre Essay -- essays research papers

The Boston Massacre is considered by many historians to be the first battle of the Revolutionary War. The fatal incident happened on March 5 of 1770. The massacre resulted in the death of five colonists. British troops in the Massachusetts Bay Colony were there to stop demonstrations against the Townshend Acts and keep order, but instead they provoked outrage. The British soldiers and citizens brawled in streets and fought in bars. “The citizens viewed the British soldiers as potential oppressors, competitors for jobs, and a treat to social mores'; (Mahin 1). A defiant anti-British fever was lingering among the townspeople.  Ã‚  Ã‚  Ã‚  Ã‚   There are three major things that led to the Boston Massacre: First was the growing mistrust among the British soldiers and Americans. There were a number of other incidents were the British clashed with the patriots and their supporters. Individual soldiers were beaten on street corners and soldiers abused unarmed civilians. In all the Americans in Boston made it clear that the British soldiers were unwanted.   Ã‚  Ã‚  Ã‚  Ã‚  The second reason is somewhat odd. The removal of two out of four regiments meant there were to inadequate amounts of soldiers to keep the peace. There were enough on the other hand to remind the patriots of the great British military.   Ã‚  Ã‚  Ã‚  Ã‚  The last reason would be the revolt of the Townshend Acts. The patriots and Americans did not agree and strife with the British soldiers over it. The Act built tension between the two. (Griswold 23) On March 5, 1770 the dreadful day came. A mob of people went in front of the Customs Office in Boston Massachusetts and started to throw stuff and give insults at the soldiers. As a result to this so-called harassment the soldiers fired on the crowd. The first to die was a black man named Crispus Attucks. He was a native of Frainghan, Massachusetts. He escaped from slavery in 1750 and had become a sailor. Crispus Attucks is considered the first martyr of the American Independence (Mahin 1). The four others who died were Samuel gray, a rope maker; James Caldwell, a sailor; Samuel Maverick, a seventeen year old apprentice and Patrick Carr, a leather worker and Irish immigrant. All in which were unarmed and brutally murdered. The soldiers killed three, mortally wounded two others, and wounded six. How much ha... ...at were stationed in Boston were guilty for many other crimes. I think either the soldiers should have been guilty for firing without an order or that Preston should have been guilty for giving the order to fire. According to Liesenfelt, the eight men said they were following Preston orders and should be tried at one time (1). So the soldiers are saying they were following orders which means Preston is guilty. Also three black witnesses gave testimony that they did hear an order to fire by Preston. Then again a merchant said he did not hear an order. Either way the soldiers and/or Preston should have been guilty. I think it a lot easier to miss something said than to be hearing things. So the evidence is there that Preston gave an order to fire. I feel the verdict of the trial of the Boston Massacre should have been “guilty';. The victims were unarmed and brutally murdered. I soldier enraged the citizens and were guilty of many other crimes. The order to fire give from Preston proves he’s guilty of the crime of manslaughter. My conclusion is that the soldiers and/or Preston are guilty. “Half a pale of blood had been spilled into he snow'; (Mahin 2).

Principles of diversity, equality and inclusion in adult social care settings Essay

Diversity – The concept of diversity is to encompass acceptance and respect. It means that each individual is unique and recognizing our individual’s differences, these can be along the dimensions of race, ethnicity, gender, social- economic status, age, physical abilities or religious beliefs. An example of diversity is to accept someone’s views even if you don’t agree Equality – Equality basically means access or provision of equal opportunities, where individuals are protected from being discriminated against. Equality can occur in race, sex, health, religion, family structure, age, disability or in terms of believes. An example of equality is not treating anyone different just because they have money or don’t and that everyone has the same changes if that be being prime minster or access to the same drugs or medications. Inclusion – the term inclusion is seen as a universal human right and aims at embracing all people irrespective of race, gender, disability, medical or other needs it is about giving equal access and opportunities and getting rid of discrimination and intolerance. Discrimination – discrimination is the equal treatment of individual. Usually on the basis of gender, race, age or disability. It is a negative action towards members of a specific social group. Read more: Principles of diversity equality and inclusion  essay The potential effects of discrimination can be different for different people. The effects can be physical, emotional or a combination of both. For example children with disabilities may not be given a chance to join in with activities due to others thinking that their disability prevents them from being able to do so. This will make the child feel very different from others. I have listed other possible effects below: * Feeling isolated * Low self-esteem * Depression * Fear of rejection * Stress * Low self-worth * Feeling withdrawn from society * Humiliation * Weight loss/ gain * Fear * Anger Long term effects may be: * Loss of motivation * Restricted opportunities * Limited access to services * Long term depression * Increased behaviour problems * Difficulty communicating * Lack of education * Lack of achievement The effects listed above are not only ones that affect the individual child/young person; they are effects that can be experienced by the individual’s family and friends too. The individual’s family can become isolated from society through trying to protect their family member and will often experience verbal abuse for having a family member that is perceived to be different. Family members can sometimes feel embarrassed about the shame the victimised individual brings to them and may distance themselves from the individual. Those who discriminate others often do so because they have been discriminated against themselves, are unhappy or because they have watched people close to them discriminate against others and are copying and responding to their actions. People that discriminate against others sometimes end up being isolated as many members of society disagree with it and make a stand against those who victimise others. If enough people challenge those who discriminate they may reconsider their views and actions. It can cause a split in society between those who go along with it and those who see it as an injustice. There will also be those (often the majority) who might not agree with it but don’t want to get involved – until it actually starts to affect their own lives. Practicing active participation – Active participation allows individual to realise their value and reduce isolation. Such a way an individual can gain self esteem which helps to reduce any form of abuse and discrimination. Quick and effective complaint procedure – Quick and serious effective complaint procedure helps to let individual to know that how seriously the act has taken and the consequences of discrimination. And it restrains people to engage in such act knowing the consequences of these acts. Meeting and discussion – It helps to increase awareness and carefulness to discriminatory acts. Also discussing and exercising this issue in day to day tasks help individual to challenge discrimination. Direct confrontation – this method can encourage the abuser to see and understand what they have done wrong this is more likely to promote change in their behaviour then leaving them unchallenged it would also send a message to others that discrimination is not accepted TASK B Legislation and codes of practice relating to diversity, equality, inclusion and discrimination Anti-discrimination Act 1977 The Anti-Discrimination Act 1977 is an Act of the Parliament relating to discrimination in employment, the public education system, delivery of goods and services, and other services such as banking, health care, and property and night clubs. The Act renders unlawful racial, sexual and other types of discrimination in certain circumstances and promotes equality of opportunity for all people. The Act covers the following types of discrimination: †¢ Sex (including breastfeeding, pregnancy and sexual harassment) †¢ Disability †¢ Race (including ethno-religion) †¢ Homosexuality (actual or perceived) †¢ Marital or domestic status †¢ Age (present or future) †¢ Transgender (including trans sexuality) †¢ Carer’s responsibilities (but only within employment). Racial discrimination act 1975 The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. Items that are covered include discrimination on the grounds of race, colour, and nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions. The Act also established the Commission for Racial Equality with a view to review the legislation, which was put in place to make sure the Act rules, were followed. The Act incorporates the earlier Race Relations Act 1965 and Race Relations Act 1968 and was later amended by the Race Relations (Amendment) Act 2000, notably including a statutory duty on public bodies to promote race equality, and to demonstrate that procedures to prevent race discrimination are effective. The Act was repealed by the Equality Act 2010, which supersedes and consolidates previous discrimination law in the UK The Equality Act 2010 The primary purpose of the Act is to codify the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law in Great Britain. This was, primarily, the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age. This legislation has the same goals as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements.[2] It requires equal treatment in access to employment as well as private and public services, regardless of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. In the case of gender, there are special protections for pregnant women. However, the Act allows transsexual people to be barred from gender-specific services if that is â€Å"a proportionate means of achieving a legitimate aim†. [3] In the case of disability, employers and service providers are under a duty to make reasonable adjustments to their workplaces to overcome barriers experienced  by disabled people. In this regard, the Equality Act 2010 did not change the law. Under s.217, with limited exceptions the Act does not apply to Northern Ireland. The Mental Health act 1983 and 2007 amendments The 1983 Act is largely concerned with the circumstances in which a person with a mental illness can be provided with treatment without his or her consent. This is to ensure that people with serious mental illnesses can be treated where it is necessary to prevent them from harming themselves or others. Most people who receive psychiatric treatment in hospital are there on a voluntary basis and have the same rights as people receiving treatment for physical illnesses. However, a small number of people may need to be compulsorily detained under a section of the Mental Health Act. The Act explains who is involved in the decision about compulsory admission, the processes to be followed and the appeals and safeguards that are available to the patient and to their nearest relative. An application for compulsory admission must be supported in writing by two authorised practitioners. The recommendations must include a statement about why assessment or treatment is necessary and why other opt ions are not appropriate. People detained under the Act may have a right to apply to a Mental Health Review Tribunal to challenge their detention. Legal advocates are available to represent people at MHRTs and can be contacted at Sheffield Mental Health CAB From November 2008 new amendments to the 1983 Act were introduced. The following are the main changes to the Act: †¢ Introduces of the new role of Approved Mental Health Professional (AMHP) which replaces the Approved Social Worker (ASW). As well as social workers other professionals such as nurses, psychologists and occupational therapists can now be involved in compulsory admissions. †¢ Introduces of the Approved Clinician (AC) replacing the Responsible Medical Officer (RMO). T he RMO had to be a doctor, but the AC can now include other professions. †¢ Introduces a new ‘appropriate medical treatment’ test meaning that for a patient to be compulsorily detained there has to be appropriate medical treatment available to the patient. †¢ Gives patients the right to make an application to displace their nearest relative and appoint an alternative. †¢ Introduces Supervised Community Treatment (also known as Community Treatment Orders) for some patients following a period of detention in hospital. It will allow some patients to live in the  community whilst they continue with compulsory medical treatment. †¢ Introduces additional safeguards for patients by way of ‘Independent Mental Health Advocates’ who must be available for all patients who are detained. These are in addition to having a legal representative at a Mental Health Review Tribunal. It also reduces the time before a case can come before a Mental Health Review Tribunal. †¢ Introduces new safeguards for patients with regards to electro convulsive therapy (ECT). Carers (Equal Opportunities) Act 2004 The Carers (Equal Opportunities) Act 2004 (c 15) is an Act of the Parliament of the United Kingdom aimed at helping carers achieve fair access to training, work and leisure opportunities. It was introduced as a Private Member’s Bill by Dr. Hywel Francis and sponsored in the House of Lords by Lord Ashley of Stoke. 5.2 million People in England and Wales identified themselves in the 2001 Census as providing unpaid care to support family members, friends, neighbors or others because of long-term physical or mental ill-health, disability or old age. That represented nearly 10 per cent of the population and of those, 21 per cent (1.09 million) provided care for 50 or more hours per week. The Act requires assessments to be offered to carers, to consider the needs of carers in relation to leisure, education, training and work. Not all carers will wish to pursue all of these opportunities but practitioners completing assessments with the care should be able to signpost carers to other relevant agencies. Human Rights Act 1998 The Human Rights Act 1998 (c 42) is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.[1] Its aim is to â€Å"give further effect† in UK law to the rights contained in the Convention for the Protection of Human Rights and Fundamental Freedoms, but more commonly known as the European Convention on Human Rights. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Rights in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of any other primary legislation provides no other  choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, known as the Strasbourg court, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, the judges are not allowed to override it. All they can do is issue a declaration of incompatibility. This declaration does not affect the validity of the Act of Parliament: in that way, the Human Rights Act seeks to maintain the principle of Parliamentary sovereignty (see: Constitution of the United Kingdom). However, judges may strike down secondary legislation, so long as the legislation does not derive its power from primary legislation. Disability Discrimination Act 1995 The Disability Discrimination Act 1995 (c 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010 ([1]), except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport. The DDA is a civil rights law. Other countries use constitutional, social rights or criminal law to make similar provisions. The Equality and Human Rights Commission combats discrimination. Equivalent legislation exists in Northern Ireland, which is enforced by the Northern Ireland Equality Commission. It is still permissible for employers to have reasonable medical criteria for employment, and to expect adequate performance from all employees once any reasonable adjustments have been made. Explanation of the possible consequences for individuals, social care workers if the legislation and codes are not followed. An explanation of the possible consequences for individuals, care workers and others if the legislation and codes of practice are not followed. If this codes of practice and legislations where not to be followed the consequences can be diverse. They can affect just one individual or can affect an entire team of social care workers. By not following the codes of practice and the legislation you could cause a service user to feel discriminated against which would have negative effects such as making them feel isolated or un-heard and could  lead to more problems that would affect the people around them as well as the individual . By not using inclusive practice you may find that the S.U might be put in a situation in which they are not happy which could make them act out in a way that could affect their future and how other team members interact with them? For example by failing to us an inclusive practice with an service user by taking them to a public park, without first consulting or discussing this with the service user they could miss out on important information. How inclusive practice can promote equality and diversity. A successful and reliable health care sector requires the promotion of diversity and equality throughout its setup. The fundamental need for this is the ability of the health care workers to promote an unwavering sense of fairness and indiscrimination for all persons involved; patients, employees, and colleagues. Inclusion refers to providing the opportunity to everyone to avail all available resources, services and facilities. Acceptance is one of the vital traits of any person who is working in the health care sector. Workers who realize the need for understanding, comprehending and respecting the needs of all patients, regardless of their diverse nature and background will be the most effective ones. Valuing the beliefs of others and keeping a wide ranging and accepting perception will aid considerably in the promotion of impartiality and equality. A community which is based on the fair rights of humanity realizes that consciousness, self-esteem, culture and physical and mental health are interrelated. In order to provide a balance in society the health care sector must be free of all prejudice and discriminatory practices. The most important factor in developing inclusive practices is to provide the necessary training to all health care and support workers. A good care worker will be ingrained with the value of accepting, accommodating and respecting the diversity of all patients /clients, therefor providing an enriched level of care. How to support others to promote diversity, equality and inclusion. You can support others to promote diversity, equality and inclusion by ensure they can life a fulfilling and healthy lifestyle, ensure they have skill development opportunities see they can have meaning full relationships with Friends and family encourage meaningful activities in their life enable them to access appropriate services ensure they can take an active part in their local community are involved in decision making (service user involvement and in their local area) have access to appropriate care and support all of the above regardless of age, sex, race, religion, sexuality and disability. Each support agency usually follows a particular model to summarize this in 5 point – but there is no way of telling what model is used. Try calling them and asking. All models pretty much cover what I have said. All support agencies base this on Maslow’s hierarchy of needs too – definitely look this up. I personally don’t think it is all that – it is very capitalist, fine for someone who can work, and ignores those who make sacrifices for spiritual enlightenment (actualization) such as monks. I once saw a manager freak a depressive out by trying to teach him about it. It made him feel he had a mountain to climb before feeling better – not good. Some examples of how you could raise awareness of diversity, equality and inclusion are Through Training and Discussion: Training and discussions are essential to raise awareness of diversity, equality and inclusion in any work settings. Discussion in meetings or group discussion among staffs play a vital role to raise awareness of equality, diversity and inclusion. The more they will engage in discussion or obtain trainings about this issue the more they will learn and be aware of and also they will be able and put them in their every day’s practice. Through providing leaflet, information and policies and procedures: Providing leaflets and sufficient information regarding diversity and equality can raise awareness to a social care worker by acquiring adequate knowledge about it. It also helps them to know about the consequences if agreed ways of working are not followed which restrain them from doing any form of  discrimination relating this issue. Task C My personal preferences, attitudes, heritage, and beliefs might impact on my working practice because I have to honor service users believes and other religion or non-religion. It is most important to remember that my own preferences are different to others and that I can never expect others to think, act or feel the same as I do about something for example I like to bath at night and have a shower in the morning but some of the service users have a fear of water and they really hate the idea of being showered, washed or baths even once a week. I have to respect their decision but at the same time I need to encourage them to maintain a health and clean state of mind and body, in cases like this I will spend more time encouraging the service user that they will feel better and not try and tell them how I feel when I am clean and fresh. It is important to understand that your attitude might have an impact on your working practice because your attitude can be broken down into a few things such as your mood, tone of your voice and your body language. So if one day you go into work in a bad mood and have an angry tone to your voice and your body language to match arms crossed etc. then the service user could feel intimidated, scared and uncooperative and less likely to do something that you ask them to do. Whereas if you go to work in a good and have a smile on your face and a cheery tone to your voice then the service user is more likely to be more cooperative and happier also it could put them in a better mood. Your heritage as a person could also have an impact on your working practice because if you have had a good caring up bringing or your parents have worked in the care industry then you would be more likely to understand what is required and a better understanding of the care sector. To ensure that your own practice is inclusive and respects the beliefs, culture, values and preferences of an individuals by knocking on the service users door asking them what they want to wear or what they wish to eat and if they go to church getting them ready even though I am not religious and you/I should also have a little understanding of a service users culture as it could make them feel more welcome and understand the service user better improving the quality of the  care that you give to that person. Mary is a 80 year old lady and before entering her room I would knock on the door and making sure that my mood, language, tone of voice, body language and approach are good and appropriate, Mary also likes to sit in her room watching TV however I like to encourage Mary to join in activates and events in the lounge so she interacts with others, Mary likes to chat and has questions so I like to chat and has questions so I like to take time to pay her attention and answer any questions she may have so that she feels listened too by listening to Mary’s ideas and concerns and taking onboard what she has said with also help make Mary more confident and by using some of Mary’s ideas may also help Mary feel more valued, by doing this will make Mary feel accepted and welcome. Types of practice that excludes an individual and that is also discriminatory is if you were to leave a service user in bed and not get them up washed and dressed or not allowing them to join in on act ivies another example is if you did not give a service user the pills that they needed therefor leaving the service un comfortable and maybe in pain also leaving them in their room with the TV on but the volume so low that the service user can’t hear the TV or if a service user is in a wheel chair and if they can’t get access to certain rooms or parts of the house, another example is if a service user is deaf and there is a meeting and they can’t join in or get their views across.

Analysis Of The Movie Silver Linings Playbook

In the movie Silver Linings Playbook, Bradley Cooper plays the main character Pat Solitano Jr. The movie starts off with Pat being released from a psychiatric facility. Pat’s time spent in the psychiatric facility was a plea bargain that his lawyer advised him to make. The court only mandated eight months of inpatient time, and against the will of the doctors in the facility, his mother is discharging him because she thinks that eight months is sufficient time for Pat to become well. On the drive home Pat wants to stop at the library so he can pick up a copy of all the books that his ex-wife Nikki has on her high school teaching syllabus, so that he can connect with her and get his job back. When they get back to his parent’s house it†¦show more content†¦He asks the secretary to turn it off, but she does not have the control to do so. Pat starts to get extremely upset and starts throwing objects aside to find the speaker. The song acts as a trigger for Patâ₠¬â„¢s mood to accelerate into rage. However, Pat refuses to take medication because he does not like the side effects, including a â€Å"foggy† mind. It is during this session that Pat discusses his father also has issues with rage, describing an incident in which his father got kicked out of a football stadium for beating up Eagles fans; Pat refers to his father as the â€Å"explosion guy†. While his father has not been diagnosed with bipolar disorder, it seems probable that Pat inherited his father’s mood disorder. Bipolar disorder tends to run in families. Some research has suggested that people with certain genes are more likely to develop bipolar disorder than others (Bipolar Disorder in Adults). The reason why Pat was admitted to the psychiatric hospital is because of one incident, which he explains in great detail to his therapist. It happened on a day when he came home from work early, which was not a usual occurrence, and hears his wedding song playing on the stereo. He goes upstairs look for his wife, to find her clothes scattered across the floor, and he sees her naked in the shower. He goes in the bathroom and notices the history teacher from the school where they both workShow MoreRelatedAnalysis Of The Movie Silver Lining Playbook 1564 Words   |  7 PagesThe movie Silver Lining playbook is an award winning movie that exposes some social disorders that the community as a whole as engaged in for years. â€Å"A word-of-mouth hit in 2012, David O. Russell’s Silver Linings Playbook has been popularly discussed as successfully targeting an adult audience under-served in contemporary Hollywood, as â€Å"authentically† reflecting the parenting challenges of its star and director, and as portraying a â€Å"modern† romance about a sympathetic, deeply damaged protagonistRead MoreAnalysis Of The Movie Silver Linings Playbook 1347 Words   |  6 Pages Silver Linings Playbook begins with the one of the main cha racters, Pat Jr., being released from a mental hospital by his mother. He has been institutionalized due to his bipolar disorder, because he severely beat the man his wife was cheating on him with. Pat later meets his love interest, Tiffany, through his best friend at dinner. Viewers are able to assume that Tiffany suffers from a borderline personality disorder due to her actions throughout the movie. Pat’s father, Pat Sr., also seems toRead MoreAnalysis Of The Movie Silver Linings Playbook 1389 Words   |  6 Pageslifetime. These disorders are more common than we know and the way they are treated will determine the individual’s psychological outcome. The movie â€Å"Silver Linings Playbook† does a great job depicting a character with Bipolar disorder and the struggles the main character Pat faces on a day-to-day basis through his road to recovery. Silver Linings Playbook displays many types of psychological disorders that include Obsessive Compulsive Disorder, Bipolar disorder, and a slight sexual disorder. BradleyRead MoreAnalysis Of The Movie Silver Linings Playbook 1122 Words   |  5 PagesIn the movie Silver Linings Playbook, we follow Pat Solitano Jr., a man recently released from a mental institution (Cohen et al., 2012). He is a Caucasian male, likely in his early to mid-thirties and of Italian descent. He was a high school history teacher, living with his wife, Nikki, an English teacher. Upon finding his wife in the shower with another man, he nearly beats the man to death leading him to be sent to a psychiatric facility for eight months with a diagnosis of bipolar disorder. InRead MoreMovie Analysis : Silver Linings Playbook 1632 Words   |  7 PagesLeadership Paper During the film Silver Linings Playbook many of the characters had extensive anger issues or could not maintain their anger well in their daily lives (Russell, 2012). Pat had anger issues, Pat’s dad also had anger problems, Pat’s friend Ronnie has anger problems and Tiffany is working on controlling all of her emotions not just anger. These four characters are the main reason it seemed practical for a self management group. Many of them are balancing lots of stress and dealing withRead MoreAnalysis Of The Movie Silver Linings Playbook Essay1861 Words   |  8 Pagesdisorders. Most of the time these features are noticeable, other times it is not. In the case of the movie, Silver Linings Playbook, the main character displays signs of bipolar disorder and throughout the entire movie the signs are noticeable to pick out: the irritableness and sometimes overly excited of the manic episodes and the sad and remorsefulness of the depressive episodes. Silver Linings Playbook is about a man named Pat and his struggle with life and being diagnosed with bipolar disorder. HeRead MoreAnalysis Of The Movie I Chose Silver Linings Playbook 1746 Words   |  7 PagesThe analysis of the movie I chose was Silver Linings Playbook. This movie was a revamping of the publication Silver Linings Playbook by Matthew Quick. Patrick, known as Pat throughout the movie, Solatano, Jr. is portrayed by Bradley Cooper. Although it is unclear what is different about Pat in the very beginning, the story soon unravels his skeletons in the closet. The opening scene starts as Pat is being released from the Karel psychiatric facility in Baltimore. Pat was institutionalizedRead MoreAnalysis Of The Movie Silver Lining Playbook Directed By David O. Russell1354 Words   |  6 PagesSilver Lining Playbook Review In the film Silver Lining Playbook, directed by David O. Russell and starring Bradley Cooper and Jennifer Lawrence, a character by the name of Pat Solatano Jr. is introduced with the bipolar disorder. Throughout the film Pat goes through life trying to deal with all the ebbs and flows that come his way, all while trying to keep his disorder in check. Have it being his interactions with family and friends, or the way he handles simple misfortunes or disagreements canRead MoreAnalysis On Silver Linings Playbook Essay1299 Words   |  6 PagesAilleene Mendoza Interpersonal Communications-Section Intercultural Film Analysis Paper Dec. 10, 2016 Analysis on Silver Linings Playbook The film I chose to analyze is Silver Linings Playbook because I was interested in the story when I read the synopsis of the movie. I thought that this would be a simple movie where the main characters would help each other because they had something in common. Reading the synopsis, I also thought that Pat would be back together with his wife, but at the end heRead MoreAnalysis Of Pat Solitano ( Bradley Cooper )1501 Words   |  7 Pagesmonths in a mental health facility, Pat Solitano (Bradley Cooper) is released back home with his parents. Pat realizes that he must have a new outlook on life to reconcile and be back together with his wife Nikki. He attempts to see the good (the silver linings) in all that he experiences. At dinner with his friends, Pat meets Veronica s sister Tiffany (Jennifer Lawrence). It’s evident that sparks fly between Pat and Tiffany and she tries to connect with him but Pat’s only focus is getting back together Analysis Of The Movie Silver Linings Playbook Silver Linings Playbook begins with the one of the main characters, Pat Jr., being released from a mental hospital by his mother. He has been institutionalized due to his bipolar disorder, because he severely beat the man his wife was cheating on him with. Pat later meets his love interest, Tiffany, through his best friend at dinner. Viewers are able to assume that Tiffany suffers from a borderline personality disorder due to her actions throughout the movie. Pat’s father, Pat Sr., also seems to show signs of OCD even though he is not diagnosed with this disease in the movie. Different types of medication and therapy are given to both Pat and Tiffany to help with their disorders, but it seems that something unexpected â€Å"cures† them of their psychological diseases. The Psychological Disorders Pat Jr. is suffering from bipolar disorder. Bipolar disorder is defined as â€Å"alternates between depression and overexcited hyperactivity† (Myers). There are two sides to bipolar disorder, the mania and the depression. In the mania state, the person is hyper, unrealistically optimistic, sleeps little, and speaks loud and quickly (Myers). Trying to calm the person down is near to impossible in this state, because they are difficult to interrupt and find potentially helpful advice to be irritating (Myers). However, this state of mania does not last forever. The person’s mood will either return to normal or to a state of depression (Myers). In Pat’s case, he shows the mania side of theShow MoreRelatedAnalysis Of The Movie Silver Lining Playbook 1564 Words   |  7 PagesThe movie Silver Lining playbook is an award winning movie that exposes some social disorders that the community as a whole as engaged in for years. â€Å"A word-of- mouth hit in 2012, David O. Russell’s Silver Linings Playbook has been popularly discussed as successfully targeting an adult audience under-served in contemporary Hollywood, as â€Å"authentically† reflecting the parenting challenges of its star and director, and as portraying a â€Å"modern† romance about a sympathetic, deeply damaged protagonistRead MoreAnalysis Of The Movie Silver Linings Playbook 1389 Words   |  6 Pageslifetime. These disorders are more common than we know and the way they are treated will determine the individual’s psychological outcome. The movie â€Å"Silver Linings Playbook† does a great job depicting a character with Bipolar disorder and the struggles the main character Pat faces on a day-to-day basis through his road to recovery. Silver Linings Playbook displays many types of psychological disorders that include Obsessive Compulsive Disorder, Bipolar disorder, and a slight sexual disorder. BradleyRead MoreAnalysis Of The Movie Silver Linings Playbook 1122 Words   |  5 PagesIn the movie Silver Linings Playbook, we follow Pat Solitano Jr., a man recently released from a mental institution (Cohen et al., 2012). He is a Caucasian male, likely in his early to mid-thirties and of Italian descent. He was a high school history teacher, living with his wife, Nikki, an English teacher. Upon finding his wife in the shower with another man, he nearly beats the man to death leading him to be sent to a psychiatric facility for eight months with a diagnosis of bipolar disorder. InRead MoreAnalysis Of The Movie Silver Linings Playbook 1614 Words   |  7 PagesIn the movie Silver Linings Playbook, Bradley Cooper plays the main character Pat Solitano Jr. The movie starts off with Pat being released from a psychiatric facility. Pat’s time spent in the psychiatric facility was a plea bargain that his lawyer advised him to make. The court only mandated eight months of inpatient time, and against the will of the doctors in the facility, his mother is discharging him because she thinks that eight months is sufficient time for Pat to become well. On the driveRead MoreMovie Analysis : Silver Linings Playbook 1632 Words   |  7 PagesLeadership Paper During the film Silver Linings Playbook many of the characters had extensive anger issues or could not maintain their anger well in their daily lives (Russell, 2012). Pat had anger issues, Pat’s dad also had anger problems, Pat’s friend Ronnie has anger problems and Tiffany is working on controlling all of her emotions not just anger. These four characters are the main reason it seemed practical for a self management group. Many of them are balancing lots of stress and dealing withRead MoreAnalysis Of The Movie Silver Linings Playbook Essay1861 Words   |  8 Pagesdisorders. Most of the time these features are noticeable, other times it is not. In the case of the movie, Silver Linings Playbook, the main character displays signs of bipolar disorder and throughout the entire movie the signs are noticeable to pick out: the irritableness and sometimes overly excited of the manic episodes and the sad and remorsefulness of the depressive episodes. Silver Linings Playbook is about a man named Pat and his struggle with life and being diagnosed with bipolar disorder. HeRead MoreAnalysis Of The Movie I Chose Silver Linings Playbook 1746 Words   |  7 PagesThe analysis of the movie I chose was Silver Linings Playbook. This movie was a revamping of the publication Silver Linings Playbook by Matthew Quick. Patrick, known as Pat throughout the movie, Solatano, Jr. is portrayed by Bradley Cooper. Although it is unclear what is different about Pat in the very beginning, the story soon unravels his skeletons in the closet. The opening scene starts as Pat is being released from the Karel psychiatric facility in Baltimore. Pat was institutionalizedRead MoreAnalysis Of The Movie Silver Lining Playbook Directed By David O. Russell1354 Words   |  6 PagesSilver Lining Playbook Review In the film Silver Lining Playbook, directed by David O. Russell and starring Bradley Cooper and Jennifer Lawrence, a character by the name of Pat Solatano Jr. is introduced with the bipolar disorder. Throughout the film Pat goes through life trying to deal with all the ebbs and flows that come his way, all while trying to keep his disorder in check. Have it being his interactions with family and friends, or the way he handles simple misfortunes or disagreements canRead MoreAnalysis On Silver Linings Playbook Essay1299 Words   |  6 PagesAilleene Mendoza Interpersonal Communications-Section Intercultural Film Analysis Paper Dec. 10, 2016 Analysis on Silver Linings Playbook The film I chose to analyze is Silver Linings Playbook because I was interested in the story when I read the synopsis of the movie. I thought that this would be a simple movie where the main characters would help each other because they had something in common. Reading the synopsis, I also thought that Pat would be back together with his wife, but at the end heRead MoreAnalysis Of Pat Solitano ( Bradley Cooper )1501 Words   |  7 Pagesmonths in a mental health facility, Pat Solitano (Bradley Cooper) is released back home with his parents. Pat realizes that he must have a new outlook on life to reconcile and be back together with his wife Nikki. He attempts to see the good (the silver linings) in all that he experiences. At dinner with his friends, Pat meets Veronica s sister Tiffany (Jennifer Lawrence). It’s evident that sparks fly between Pat and Tiffany and she tries to connect with him but Pat’s only focus is getting back together

Relationship Between Mexico And Mexico - 1425 Words

The relationship of the United States and Mexico goes back centuries and the importance of this relationship has gained more attention over the last decade. This relationship has gained attention due to the enormous amount of problems Mexico is having economically and socially. Specifically, the relationship with Mexico is important to the safety of our nation and U.S. self-interest because of the issues with drug trafficking, gang violence, and immigration. These influences on our country are vital and play a pivotal role in our economy and rapport with Mexico. These problems are the results from significant tensions that began in the 19th century with the Mexican War that ended with the Treaty of Guadalupe Hidalgo. The Treaty of†¦show more content†¦Articles VIII and IX of the treaty were written to promise the protection of the property and civil rights of Mexican Americans. â€Å"Mexicans who,†¦ shall be incorporated into the Union of the United States, and be admi tted at the proper time to the enjoyment of all the rights of citizens of the United States,†¦and in the meantime shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.† (Article IX, Treaty of Guadalupe Hidalgo). This promise and guarantee within the treaty proved to be false and unfulfilled. Mexicans were not provided with the funding for the same schooling facilities that white students were privileged with nor were they provided with the same quality of education. â€Å"These separate schools were unequal in many respects to those provided for Anglo children. In relation to Anglo schools, Mexican schools were older, their school equipment was generally less adequate, per pupil expenditures were generally lower, and the staff were less appropriately trained, qualified, and experienced.† (Miguel 365). School segregation and lack luster schooling for Mexicans bec ame the norm and have not changed over time. Mexican American elementary and secondary (MAES) student’s reports on ethnic isolation confirm that inequality persists today. TheShow MoreRelatedAnalysis Of The Stimulus Material Given I Saw A Relationship Between Mexico And The United States Essay2124 Words   |  9 PagesFrom reading the stimulus material given I saw a relationship between the disappearance of language and technological advancements. In the Self Portrait Along the Borderline Between Mexico and the United States by Frida Khalo a painting that shows the differences between Mexico and America in the 1900s, there appears to be a difference of culture between America and Mexico. America is more modern, as Mexico is more classic. America’s modernization is shown in the different factories in the backgroundRead MoreWhat Are The Major Economic Problems That Have Plagued Latin America?889 Words   |  4 Pagescentury? During the 20th century Latin America went through a change after the U.S made the clam to directly defend Latin America. This caused a sudden trade switch from the Europe nation to the U.S. With this trade switch we start to see a big gap between the lower and upper class. With this gap the poor gets poorer and the rich become Carlos Slim. Carlos Slim was the world’s richest person form 2010-2013 and is a perfect example on how the upper class becomes billionaires. The wealth Disparity canRead MoreA Brief Note On The United States And Mexico1447 Words   |  6 Pagesachieve and sustain a positive relationship with another county it is essential to understand their culture. Culture is defined as the aspects of a society that separate them from the rest of the world, such as through language, beliefs, customs, traditions and government (Nowaczyk, n.d.). Mexico is a country in South America that the United Stated has a very strong relationship with. We share a 2000 mile border so a two-sided relationship is very imp ortant between us because it has a direct impactRead MoreGlobalization And The Global Migration903 Words   |  4 Pagespeople between different countries. The movement doesn’t occur within the country. Internal migration is the movement of groups of people from one part of an area to another. The movement occurs within the country. Globalization is the global economic integration of the global market. In recent time, there were many migrations because of the process of globalization. In order for us to understand the causes and the effects of these migrations, we need to understand the relationship between globalizationRead MoreMexican History And Its Effects On American Soil1626 Words   |  7 Pagesbegan as a result of the attack on Columbus, New Mexico by Pancho Villa. According to (Valades, Jose C. Historia General De La Revolucion Mexicana. 1979 ed. Vol. 3. Chihuahua: Editorial Del Valle De Mexico, 1976.) Villa felt admiration toward the United States who he felt like him were â€Å"hombres libres†. Despite having no knowledge of American laws or institutions and ignoring US customs, Mexican history claims that Villa felt he held a close relationship with the US because of his frequent dealings withRead MoreIntercultural Communication1648 Words   |  7 Pagesexample of poor intercultural communication between the United States of America and Mexico is how the communication significantly affected foreign policy and international commerce between the two countries. Mexico is a country of intercultural significance and neighbors the United States of America. The United States of America is traditional and within the country, many cultures exist. The work ethic and language, within intercultural communication in Mexico and the United States of America, are similarRead MoreEssay On NAFTA1661 Words   |  7 PagesNorth American Free Trade Agreement (NAFTA) is an agreement between Canada, United States, and Mexico which was signed on December 17, 1992 (Hassan,M Nassar R 2016) but wasn’t established until January 1st, 1994. NAFTA is a trade agreement between the North American countries. It is an agreement that would allow businesses to obtain resources from each of the three countries. The idea behind it was to make it easier for countries to trade and to increase productivity. Since NAFTA businessesRead MoreRelations between Mexico and The United States Essay1550 Words   |  7 PagesRelations between Mexico and The United States â€Å"Poor Mexico, so far from God, and so close to the United States.† -Pofirio Diaz Mexico is one of the most populated and industrialized of the third world nations, yet it remains very impoverished in comparison to it’s northern neighbor. Recently Mexico has been the third largest trading partner of the United States, has become an important exporter of petroleum and plays a pivotal role in the politics of the region. Yet Mexico is frequentlyRead MoreEssay on Political Culture of Mexico1154 Words   |  5 PagesAs once put by Mexican Nobel laureate Octavio Paz, Mexico is a land of â€Å"super-imposed pasts† (McCormick, p.326). It continues to be and is seen as a melding pot of its European and Native American ideas about society, law and government. Its history has had a major influence on the political culture of Mexico, seen through years of revolution, violence and corruption. Mexico is a considered a new democracy, but there is a tension still seen between democracy and authoritarianism. The country we seeRead MoreThe Major Economic Problems That Have Plagued Latin America1497 Words   |  6 Pagescentury? During the 20th century Latin America went through a change after the U.S made the clam to directly defend Latin America. This caused a sudden trade switch from the Europe nation to the U.S. With this trade switch we start to see a big gap between the lower and upper class. With this gap the poor gets poorer and the rich become Carlos Slim. Carlos Slim was the world’s richest person form 2010-2013 and is a perfect example of how the upper class becomes billionaires. The wealth Disparity can

The Future of History Can Liberal Democracy Survive the...

â€Å"The Future of History: Can Liberal Democracy Survive the Decline of the Middle Class?† Francis Fukuyama It would take a great deal of confidence, in these uncertain and changing times, to publish an article called The Future of History. Yet, this is precisely what Francis Fukuyama has done in this article. It is a bold title since it not only places this article in the ideological path of his most famous work, â€Å"The End of History and the Last Man,† but it also suggests a fundamental departure from those ideas with which he is usually associated. History seen as a directional process with a past, a present and a future is a philosophical and historiographic concept. This article, though, is not really about the future of History, but more about the political future of the world, and in particular the Western world. Nevertheless, in order to understand this latest contribution and perhaps any article of Francis Fukuyama’s, it is necessary to understand what he meant by the â€Å"end of History.† The â€Å"Shock effect† in the Western scientific and philosophical thought in the 20th century was accepted as a main hallmark of innovative rhetoric. These phenomena emerged since classic scientific criteria formed by the West in the minds of people during a couple of centuries were called in question. The scientific elite gave the green light to theoretical approaches, which during the entire 20th century favored the transition from the white to black, order to chaos, big to small,Show MoreRelatedThe And Its Impact On Society1707 Words   |  7 Pageschange is originating from the masses unlike in the past. Today democracy is not just a form of government it is a way of life. For example, a singer that is more popular is also more successful. Large groups of people are what create change. Even capitalism is becoming more democratic. 2. Zakaria defines constitutional liberalism as the goals of government such as protecting the rights of its citizens. In contrast, democracy refers to a government who is elected through free and public electionsRead MoreEssay on Foreign Policy Recommendations for the Obama Administration2330 Words   |  10 Pagesdetermines the actions and foreign policy of the state is anarchy. Anarchy is the lack of a central government that can enforce rules within the international community. This principle implies that the international community is dangerous and could spell ruin and disparity for any state without rules to govern and mandates that restrict unruly states, creating a self-help system. In order to survive within this system a state must generate power or the ability to make others do what they otherwise would notRead MoreWill India Become a Superpower?11373 Words   |  46 Pageswished to be citizens of a free India. After waiting a year for the Nizam to come to terms, Patel sent in the Army and compelled him to join the Union. Few Indians now alive know how uncertain our future looked in the summer of 1948. The question then being asked everywhere was Will India Survive? Now, 60 years down the road, that fearful query has been replaced by a far more hopeful one, namely, Will India Become a Superpower? This new, anticipatory, expectant question has been promptedRead MoreEssay Reveiw4144 Words   |  17 Pageslays the foundation of the nation-state as one national gov’t became more in charge of national affairs. After Henry VIII dissolved the monasteries, the monarchy had even greater control of English land. This was the biggest land transfer in Eng. history. 3. French concordant of Bologna: In the early 1500’s the French monarchy now had greater control of the French Catholics church. The monarchy could now choose the church leaders who would become the top advisors to the crown. This is one stepRead MoreInterpretations of the Origins of WWII3781 Words   |  16 PagesGerman invasion of Poland, and the French and British declarations of war on Germany two days later. From even before this official beginning to the war, people have continually tried to analyze what actually brought about the most destructive war in history, with many different interpretations having been put forward. Richard Overys argument is a complex one, involving a look at each of the major countries that entered the war from Germany in 1939, to the U.S. in 1941. Each country is looked at inRead MoreGeorge Orwell23689 Words   |  95 Pagessleep any the worse for it. He is serving his country, which has the power to absolve him from evil. One cannot s ee the modern world as it is unless one recognizes the overwhelming strength of patriotism, national loyalty. In certain circumstances it can break down, at certain levels of civilization it does not exist, but as a positive force there is nothing to set beside it. Christianity and international Socialism are as weak as straw in comparison with it. Hitler and Mussolini rose to power in theirRead MoreThe Sociology Of Knowledge5656 Words   |  23 PagesMannheim s accepting and conservative stance leads him to assume absrractprinciples to be the active agents of history, rather than people. Finally, if every ideologicalposition was contingent on a socialposition, why should the sociology of knowledge be exempt from this postulate? The sociology of knowledge expounded by Karl Mannheim has begun to take hold in Germany again. For this it can thank its gesture of innocuous skepticism. Like its existentialist counterparts, it calls everything into questionRead MoreDubais Political and Economic Development: Essay38738 Words   |  155 PagesScience WILLIAMS COLLEGE Williamstown, Massachusetts MAY 10,2005 Table of Contents I Persian Gulf Development Literature Oil Curse Literature Arab and Islamic Factors Regional Ovemiew and Historical Background Dubais Development History I1 PI1 Explaining Dubai9sDevelopment Outcome Why Not Other Gulf States? Dubai versus the Development Literature IV Dubai in a Cornparatbe Corntext Saudi Arabia Qatar Brunei Conclusion Appendix Bibliography Introduction Read MoreInstitution as the Fundamental Cause of Long Tern Growth39832 Words   |  160 Pagesempirical and theoretical case that differences in economic institutions are the fundamental cause of differences in economic development. We first document the empirical importance of institutions by focusing on two quasi-natural experiments in history, the division of Korea into two parts with very different economic institutions and the colonization of much of the world by European powers starting in the fifteenth century. We then develop the basic outline of a framework for thinking about whyRead More Brazil Currency Devaluation Essay examples4817 Words   |  20 Pages Introduction - History The Spanish navigator Vicente Yà ¡Ãƒ ±ez Pinzà ³n was the first known European in the region now constituting Brazil. Landing near the site of present-day Recife on January 26, 1500, he subsequently drifted northward as far as the mouth of the Orinoco River. In April 1500, the Portuguese navigator Pedro à lvares Cabral also reached the coast of present-day Brazil and formally claimed the surrounding region in the name of Portugal. The territory was named Terra da Vera Cruz (Brazil

Hip-Hop Police

Question: What are they? What do they do? Within your analysis provide 3 songs that discuss issues within law, the legal system, lawyers, judges, or any other court personnel. Answer: Hip-hop police is a term used for the New York City Police Department in the hip-hop industry to prosecute the rappers for criminal activity. The hip-hop police are involved in investigating criminal activity within the rap industry. The police originate in New York and are spreading to Police Department in several cities. They do not have respect in the hip-hop industry as they have been stalking and aggressively investigating high-profile rap artists (Smith and Siegler). The role of hip-hop police involves detaining criminal activity. Nelly, one of the rappers was detained for having drugs and guns on his tour bus. The hip-hop police are under controversies that they are against black men. The people argue that the rappers are young black men for which they are targeted. The police are looking actively for drugs, arms and other illegal possessions. Not just the illegal possessions, the hip-hop police have also charged the rappers because of their lyrics (Otiko). Everyone from amateurs to high-profile rappers are being targeted and watched by law enforcement. One of the rappers from Virginia was charged for double murder after he was caught about bragging for the crime in one of his songs Ride Out. The song was posted on Stewards MySpace page in 2009 for which he was charged for two felonies (Moran). One of the songs Trapped by Tupac Shakur or 2Pac, a rap giant is about the police harassment created in 1991 (YouTube). He was one of the well known rap figures and artists as he played about the social inequalities such as poverty and racism. In the song Trapped, he displays his anger and emotions that is caused due to police harassing the poor black communities. He further sings about police oppression and police harassment in Holler if Ya Hear Me (Holloway). Another song by Killer Mike, Dont Die is about the police violence. The track was released in 2012 for the victims of police brutality such as Sean Bell, Fred Hampton, Oscar Grant and othe r good men who were killed in the country unjustly. He also gave a speech after a few hours of Ferguson verdict that was at its heartbreaking earnestness (Holloway). However, it is argued that not all rappers make confession through their songs and it is simply a form of art. It is analyzed that the hip-hop police is investigating and assessing the crimes committed by people. The rappers turn out to be confessing their crimes through songs and are bragging about the same. The hip-hop police are keeping a check on the songs written by them. They are keeping songs on their watch-list as they perceive hip-hop as a culture of violence. The police gang intelligence units are also keeping a check on the nightclubs to avoid criminal activities. The hip-hop police are also compiling a dossier on rappers having criminal histories. The hip-hop police have taken this initiative for ensuring safety of individuals in the music industry as well as the local community (Smith and Siegler). References Holloway, Kali. "F*Ck Tha Police: 20 Songs Against Police Brutality".Alternet. N.p., 2014. Web. 5 Aug. 2016. Moran, Lee. "Rapper's Song Gets Him Arrested For Homicide".NY Daily News. N.p., 2013. Web. 4 Aug. 2016. Otiko, Manny. "Rappers Face Extra Scrutiny From The Hip-Hop Police".Ourweekly.com. N.p., 2015. Web. 4 Aug. 2016. Smith, Emily and Mara Siegler. "Drake, Chris Brown On NYPD Hip Hop Squad Watch List". Page Six. N.p., 2014. Web. 5 Aug. 2016. YouTube,. "2Pac - Trapped".YouTube. N.p., 2006. Web. 5 Aug. 2016.

Equity & Trust Charitable Business Purpose

Question: Discuss about the Equity Trust for Charitable Business Purpose. Answer: Part A Issue Whether the objects of the entities which have been mentioned in the question would be charitable at law or not? Rule Charities Act 2005 Application Established for a charitable purpose, they are a type of express trust but they differ in that: It isnt necessary to have a human beneficiary Therefore the test for certainty of objects becomes irrelevant for a charitable trust Rather the key question is whether the settlor intending to create a trust for a valid charitable purpose Charitable trust arent subject to the rule against perpetuities, they can go on forever, dont have to end. Charities (including charitable trusts) registered under the Charities Act 2005 enjoy a number of financial advantages. Including exemptions from: Income tax-Charitable trusts can run business to generate income for their charity purpose, just because youre a business doesnt mean you will loose your charitable trust statues. Gift duty Rates (in some circumstances) Because charitable trust dont need to have a human beneficiary there is not necessarily any person who can enforce the trust. As a result, the crown via the Attorney General is empowered with oversight of charitable trusts. Charity is represented by the AG, if something goes wrong, they have to go to court, law gives AG a general oversight in terms of charitable trusts. (New Zealand legislation, 2016). Pemsels Case (Income Tax-Special Purposes Commissioners v Pemsel[1891] AC 531: MacNaughton L ruled that the list of 1601 came down to four heads of charity; Trusts for the relief of poverty Trusts for the advancement of education Trust for the advancement of religion and; Trust for other purposes beneficial to the community and not falling under the other three heads Conclusion So, it has been concluded that Yes, the objectives of both the entities were charitable at law as it has been clearly defined under section 13 of the Charities Act. Part B Issue Whether there are some situations by which the charitable trust variations takes place or not? Rule Charitable Trusts Act 1957 Application once trust established for charitable purpse, property cannot revert back, can only ever be used for a charitable purpose. Re Twigger [1989] 3 NZLR 329: A rich man in the 19thCentury, in his will set up trusts for an old persons home, the Canterbury orphanage and for a CHCH refuge for city women who had succumbed to the temptations incidents of city life. The old peoples home today is still going, but the orphanage is not. In the 1980s a hospital board proposed a scheme to reorganise the money. Tipping J found problems with their proposal. He said under the old rules the money had to go to a purpose as close as possible to the failed one, but there was no such restriction in s32, only a moral obligation that the wishes of the will maker should be followed as closely as possible. The money for the orphanage was later transferred to a childrens home instead. Tipping J said under the Act he could not modify the proposed scheme, the trustees would have to go away, draw up a new one, get the AGs approval and then bring it back to the court. He thought there should be reform, but it has never eventuated. Re Slatters Will Trust [1964]Ch 512: left all money to a saburculoses hospital, time she died, hospital was closed. What happens? Under equitable principles the trustees can apply for a cy-pres modification of trust where a modification is found as close to the settlors intentions as possible, even if original purpose is impossible. The settlor had manifested a general charitable intention to devote property to a charitable purpose. Today rule has been taken over by statute, but doctrine of cy-pres still remains relevant. Charitable Trusts Act 1957: part 3 provides mechanism for the modification and variation of the mode of administration and of the purposes of the charitable trust. This process is done through the AG. If charitable trust fails, money and property doesnt go back to settlor, trustee will come up with scheme to do the settlors intentions as best as possible with a new remedy, will go to the AG and if they are happy with it, goes to court and is passed (Mundsen, 2013). Charitable trust exam question- may get exam question looking about setting up a purpose trust, what if it doesnt come within one of the heads- no beneficiary= could be charitable trust. (Socities Trusts, 2016). Conclusion It has been the methods which were set out under the act have been mentioned above in regard to the variation. 3. Part 2 (A) Issue Whether there are some methods by which courts determine the applicability of granting interim injunction or not? Rule Judicature Act 1908 Application An interim injunction is a temporary order of the court that prohibits or compels some action until the court has heard the arguments of all the parties and made a permanent order. In a case like this, when the applicant approaches the Court complaining against the Statutory Authority alleging arbitrariness, bias or favouritism, the court, being custodian of law, must examine the averments made in the application to form a tentative opinion as to whether there is any substance in those allegations (New Zealand Legislation, 2016). Grant of temporary injunction, is governed by three basic principles, i.e. prima facie case; balance of convenience; and irreparable injury, which are required to be considered in a proper perspective in the facts and circumstances of a particular case. But it may not be appropriate for any court to hold a mini trial at the stage of grant of temporary injunction (Vide S.M. Dyechem Ltd. Vs. M/s. Cadbury (India) Ltd., AIR 2000 SC 2114; and Anand Prasad Agarwalla (supra). The grant of an interlocutory injunction is subject to its own test for consideration by the court,2 namely, whether: there is a fair and bona fide question to be tried; Damages would be an adequate remedy; and the balance on convenience favors the grant of an injunction (Carey, 2012). Conclusion It has been concluded that there has been various methods which were considered by the court in order to grant interim injunction which have been specified if they would be fulfilled then it can be granted. 3 (2). Issue Whether there were some issues pertaining to trustees duties does the current circumstance illustrate or not? Rule Trustee Act 1956 Application General rule: trustee required to administer trust in accordance with general principles of law and the trust instrument. There has been some duties which should be performed by him such as: To make acquaintance with trusts terms To adhere to the terms of the trust To maintain impartiality between beneficiaries: It includes two different aspects to the duty: Trustee must act impartially between individual beneficiaries Trustee must act impartially between different classes of beneficiaries. Sometimes its hard for trustee to balance interest of one beneficiary with a life interest and interest of beneficiaries who receive that benefit after person dies. To act in the beneficiaries best interests To avoid conflicts of interest (trustees owe a duty of loyalty to the trust): fiduciary relationship- equity recognizes. One party has measure of advantage over another party- must be counteracted by making sure one party adheres to higher standard of good behavior and conscience. Fiduciary relationship is called a duty of loyalty- which isnt actually a specific duty, is essentially policy that expresses over aim of other, more detailed obligations. Two key ones are fiduciary obligation not to act in situations where there is a conflict of interest, fiduciary duty not to make a profit at the expense of the beneficiary. Not to profit from the trusteeship: In the case of Bray v Ford [1896] AC 44 it was clearly held that it is an inflexible rule of a court of equity that a person in a fiduiary position is not, unless otherwise expressly provided, entitled to make a profit; he is not allowed to put himself in a position where his interest and his duty conflict. To invest the trust funds The rule against self-dealing, etc As per Trustee Act 1956 trustee have some other rights also such as: Section38(1): Implied right of indemnity: trustee may reimburse himself or pay or discharge out of the trust property all expenses reasonably incurred in or about the execution of the trusts or powers. 38(2): no trustee shall be allowed cost for execution of trusts unless the contrary is expressly declared by the instrument creating the trust. Section 13A Duty to invest Sections 13B Duty of trustee to invest prudently Section 13C duty of certain persons to exercise special skill Not to delegate their work to others To be active To act unanimously To pay the correct beneficiaries To keep proper accounts and give information as required The right to apply to the court for directions (Fortune Manning, 2016). Conclusion As mentioned above were the duties of the trustees but in the current situation Sarah would be liable for breaching the duty of a trustee as being a trustee it was clearly mentioned that he or she should not have persnla interest an in this case she was reluctant to agree as she was thinking that selling the property may cause a short term impact on her interest. So she would be punishable for the same. 4. Issue Whether it is likely that the family trust will be opened to allow creditors to be paid with the trust assets or not? Rule Property Relationships Act Application A landmark decision of the Supreme Court released in 2016 has clarified the circumstances in which assets held in a trust may be vulnerable to relationship property claims and potentially claims by creditors. The case involved a property trust which had been settled by Mr Clayton around 13 years after commencing a relationship with Mrs Clayton. Mr and Mrs Clayton separated after a 17-year marriage and had two daughters who are the final beneficiaries of the property trust. Mr Clayton maintained that none of the assets in the trust were relationship property and that Mrs Clayton was not entitled to a division of those assets as part of the relationship property settlement. The significance of this court decision is that the Supreme Court found that the various powers which Mr Clayton enjoyed under the trust deed gave him such a degree of control over the assets of the trust that those powers were effectively property for the purposes of the Property Relationships Act. The value of those powers was equivalent to the value of the trust assets, and were relationship property and able to be divided equitably between Mr and Mrs Clayton (Herbert Smith Freehills, 2016). This decision is significant in a number of ways. First, it looks at the cumulative effect of the different provisions of the trust deed and concludes that those provisions give Mr Clayton the power to effectively deal with the trust capital and income in whatever way he chooses. Mr Clayton is the sole trustee of the trust and is also the settlor. He is a Principal Family Member under the trust deed which gave him the power of appointment of both discretionary beneficiaries and trustees. He had the power to change any provision relating to the management and administration of the trust. Most importantly, he had the power to pay or apply all of the trust capital to one or more discretionary beneficiaries (of which he was one). He could also provide for early distribution of the trust capital including to himself alone. The trust deed also contains a very broad resettlement power which means that Mr Clayton could establish a new trust for any one or more of the discretionary beneficiaries (including himself) leaving little or no capital in the property trust. The cumulative effect of these provisions gave Mr Clayton such control over trust property that the Supreme Court treated the cumulative rights as property rights of Mr Clayton for the purposes of the Property Relationships Act which are equivalent to the value of the trust assets and available to be divided under that legislation. It is possible that the same argument could be made where a liquidator is seeking to recover assets which have been settled on a trust and indeed one of the authorities relied on by the Supreme Court did arise in a liquidation case rather than a relationship property case. This decision reinforces the importance of ensuring that a trust deed is well drafted and ensures that no one person is able to control the assets of the trust in the way that Mr Clayton was able to do. It is advisable to have more than one trustee and at least one independent trustee who is not a beneficiary of the trust. It is important to ensure that the powers to appoint and remove beneficiaries and trustees cannot be used to subvert the purposes of the trust which is to provide for the final discretionary beneficiaries. In the Clayton case there were a number of provisions which removed the normal fiduciary obligations of Mr Clayton (that is the duties of good faith). The nail in the coffin for Mr Clayton was that there was no effective means of preventing him from exercising the powers he was given in favour of himself. In establishing a trust, the settlors do lose a degree of control over their assets. In many situations, client resist losing control and choose not to have an independent trustee and to have provisions similar to those in the Clayton case. This decision reinforces that such trusts are not impregnable to the claims of spouses and liquidators or other creditors. Conclusion It has been concluded that yes in some cases it can be done. 5. Part A Issue Whether to someone do the proceeds of Julians dishonesty belongs or not? Rule Corporations Act Application The proceeds of Julian would belong to the corporation and Ron from which he took money. In both New Zealand and Canada a flexible approach has been adopted in relation to relief for breach of fiduciary duty and in other contexts including breach of confidence claims. In these jurisdictions, the constructive trust is not considered to be the most appropriate remedy in the vast majority of cases (Ridge, 2016). The approach of the High Court to the award of a constructive trust in respect of gains acquired in breach of fiduciary duty has changed significantly in recent years. In earlier authorities, it was asserted that a constructive trust arises in respect of the gains and that the advantage must be held for the beneficiary. In Henry (Keith) Co v Walker (Stewart)Dixon CJ, McTiernan and Fullagar JJ indicated that any property acquired by use of the fiduciary position is held by the fiduciary in trust for the beneficiaries, whilst in Hospital Products Mason J also indicated that the fiduciary must account in equity, and the appropriate remedy is by means of a constructive trust. Conclusion Therefore, it has been mentioned above that Julian have breached his duty and therefore would be liable for the same. Part B Issue Whether A-Door is likely to be successful in an action against Ken in equity and preferable to sue for breach of contract or not? Rule Contract Law Application Oral contracts are spoken agreements that are sometimes legally binding. The problem proving an oral contract is the lack of tangible evidence. Oral contract cases often rely on the performance of one or both parties that exhibits a clear reliance on the agreement. Certain oral contracts are considered enforceable. Enforceable contracts are those which a legal remedy is offered if they are breached by either party. There are several remedies for breach of contract, such as award of damages, specific performance, rescission, and restitution. In courts of limited jurisdiction, the main remedy is an award of damages. Because specific performance and rescission are equitable remedies that do not fall within the jurisdiction of the magistrate courts Conclusion Therefore, yes it has been concluded that A- door would be successful in making action against Ken in equity. And would be liable to get award of damages for breach. References Carey, G. (2012). Ireland: Court Confirms Restrictive Approach To Mandatory Interlocutory Injunctions. Retrieved on 23rd October 2016 from: Fortune Manning. (2016). The Duties, Office And Powers Of A Trustee. Retrieved on 23rd October 2016 from: https://www.fortunemanning.co.nz/Publications/Family+Trusts/The+Duties+Office+And+Powers+Of+A+Trustee.html Herbert Smith Freehills. (2016). Creditors and Jurisdiction Choose Wisely. Retrieved on 23rd October 2016 from: https://hsfnotes.com/pwtd/wp-content/uploads/sites/13/2016/02/HSF-Second-White-Paper.pdf https://www.mondaq.com/ireland/x/210140/Arbitration+Dispute+Resolution/Employment+Pensions+and+Benefits+Newsletter+November+2012 Moore Stephens Markhams. (2016). Trustee of a Family Trust? Are you aware of your responsibilities? Retrieved on 23rd October 2016 from: https://www.markhams.co.nz/trustee-of-a-family-trust-are-you-aware-of-your-responsibilities/ Mundsen, V. ( 2013). Variation of CharitableTrust. Retrieved on 23rd October 2016 from: https://mattersoftrust.co.nz/2013/10/13/variation-of-charitable-trust/ New Zealand legislation. ( 2016). Charities Act 2005. Retrieved on 23rd October 2016 from: https://www.legislation.govt.nz/act/public/2005/0039/latest/DLM344368.html#DLM345006 New Zealand Legislation. (2016). Judicature Act 1908. Retrieved on 23rd October 2016 from: https://www.legislation.govt.nz/act/public/1908/0089/latest/DLM147653.html Ridge, P. (2016). Participatory Liability for Breach of Trust or Fiduciary Duty. Retrieved on 23rd October 2016 from: https://law.anu.edu.au/sites/all/files/users/u8613731/ridge_chapter_final.pdf Socities Trusts. (2016). Charitable Trusts. Retrieved on 23rd October 2016 from: https://www.societies.govt.nz/cad-docs/F/FS_Charitable_Trusts.html Te Puni Kokiri. ( 2016). Duties of directors/trustees. Retrieved on 23rd October 2016 from: https://www.tpk.govt.nz/en/whakamahia/effective-governance/being-a-board-member/duties-of-directorstrustees/